Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 43.02

Affidavit by illiterate or blind person

Rule 43.02(1) amended by S.R. No. 105/2021 rule 8(2).

    (1)     Where it appears to the person before whom an affidavit is sworn or affirmed that the deponent is illiterate or blind, the person shall certify in or below the jurat that—

        (a)     the affidavit was read in the person's presence to the deponent;

        (b)     the deponent seemed to the person perfectly to understand it; and

Rule 43.02
(1)(c) amended by S.R. No. 105/2021 rule 8(2).

        (c)     the deponent made the deponent's signature or mark in the presence of the person before whom the affidavit is sworn or affirmed.

    (2)     Where an affidavit is made by an illiterate or blind deponent and a certificate in accordance with paragraph (1) does not appear on the affidavit, it may not be used in evidence unless the Court is satisfied that the affidavit was read to the deponent and that the deponent seemed perfectly to understand it.

Rule 43.02.1 inserted by S.R No. 29/2020 rule 5.



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